Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-08-26

Loudoun county; that temporary re-
strsining order to that tenor and effect
may issue, and that your orator may
have all such other and further relief
as to equity may seem meet. May the
United States writ of subpoena issue,
and your orator will ever pray, &c.
WILLIAM l.. RoYALL.
Solicitor for Complainant.
MR.. goYAIL's THEORY.
The theory upon which Mr.. Royal
proceeds is this That it is q settled law
of the Supreme Court Of the United
States that State court, enforcing an
unconstitutional law, is without iuris
diction, and that the officers Of the
County Court OF Loudoun, in prose
cuting these persons after they had
rendered coupons are enforcing an un-
constitutional law; that the County
Court Of Loudoun has no jurisdiction
whatever, and it cannot, therefore, be
said that there are any proceedings
whatever pending in the court against
them.
IN applying for the order Mr.. Royal
cited Judge Bond to a number of deci-
sions maintaining the view held by
himself
A GRAVE MATTER.
As section 720of the Revised Statutes
Of the United States forbid the courts
of the United States TO enjoin any pro-
ceedings in State court Judge Bond
told Mr.. Royal that he considered the
matter one Of very great gravity, and
that he would take time before acting
upon it. He accordingly held the bill
until Thursday, when he wrote the or
der asked for and mailed it to the clerk
Of the court here.
THE oBDER.
The paper was received yesterday
morning, and reads as follows
IN the CircM court Of the URitcd
states, EaStcyn District Of pr-
ginid
James 2. Cooper as. James b. McCabe,
Attorney for the Commonwealth of
Loudoun county, State of Virginia :,
Edgar Littleton, Clerk Of said County
Court, and Harrison Russell, Sheriff
of said county.
Upon reading the bill Of the COM
plainants herein and the exhibits at
tached thereto, it is ordered that the
motion for an injunction in this case
be set down for hearing at the court
house of this court, in the city OF Rich
mond, Va, on the 22d day of Septcm-
Der, 1887 and it is further ordered
that until the hearing and decision of
said motion the said James 3. Nc
Cabe, attorney for the Common
wealth a; Edgar Littleton, clerk, and
Harrison II. Russell, sheriff, each
and all, their agents, attorney, success
sors, or representatives, be and they
arc hereby restrained from prosecuting,
or causing to he prosecuted, John L.
Hurst, John r. Smith, William 2.
Pancoast, Daniel Gregg, Albert Gregg,
and Summerfeld Bolyn, named in said
bill herein, under and upon certain in
dictments that have been found in said
county against them, and which are
particularly set ont and described IN
complainant's bill herein and filed
herewith.
it is further ordered that a copy Of
compliments bill and Of this order be
served upon the said James b. McCabe,
attorney; Edgar Littleton, clerk; Har-
rison II. Russell, sheriff, at least twenty
days before the day of said hearing.
HUGH l.. BOND, Circuit Judge.
August %, 1897.
TO SERVE THE ORDER.
The injunction which was granted
against Commonwealth attorneys in
june was duly servedupon John Scott,
Commonwealth attorney OF Fauquier.
Notwithstanding he brought suits under
coupon crushcr in defiance Of the IN
junction. Judge Bond at the same
time mailed sn order that he (Scott)
show cause at Richmond on the 22d Of
September why he should not be at
tached for contcmptin violating that in
junction order. Deputy-Msrshsl Over
iy will leave Richmond on Monday or
Tuesday Of next week to serve the in
junction on the LoudOun-county oili-
cels, and TO serve the order to show
cause, &C., upon the Commonwealth S
..t,r,o,- of Iot1p1ri.r